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Labor/Employment

May 2, 2012

Brinker on class certification: only consider merits when necessary

Sometimes, the case's merits are simply too intertwined with the requirements for certification to be set aside. By Sharon Kirsch and Matthew Schechter of McManis Faulkner


By Sharon Kirsch and Matthew Schechter


The California Supreme Court provided some much needed guidance to employers and employees in its long-awaited decision issued April 12 in Brinker Restaurant Corp. v. Superior Court (Hohnbaum).


The Court said that a meal period must be given "no later than the end of an employee's fifth hour of work" and that the employer's obligation is satisfied - and will avoid liability ...

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